Pristina, May 7, 2025 – The Kosovo Law Institute (KLI) has addressed the Members of the Assembly of Kosovo through an official letter, urging them to promptly constitute the 9th Legislature and, following its constitution, to take the necessary and urgent steps to initiate the legislative proposal to amend and supplement the Law on Public Sector Salaries, in accordance with constitutional requirements and the rights of public officials.
Through the letter, KLI emphasizes that the Constitutional Court’s ruling deemed the reduction of the experience increment from 0.5% to 0.25% to be in violation of the Constitution and the European Convention on Human Rights and ordered the Assembly to restore the increment to the minimum level of 0.5% by August 1, 2024.
KLI notes that the Assembly failed to implement this ruling, thereby violating the rights of public officials. The letter also references the television program Tempus, in which Judge Argron Muça of the Basic Court in Pristina reported that approximately 2,000 lawsuits had been filed in a single day by public officials compelled to seek their rights through the courts.
“On this occasion, we call on you and all Members of the 9th Legislature to take the necessary actions for the immediate constitution of the Assembly of Kosovo. Once the Assembly is constituted, we urgently request the initiation of a legislative proposal to amend and supplement the Law on Public Sector Salaries, in line with the requirements set out in the Constitutional Court’s ruling in case no. KO79/23. A swift response by the Assembly is not only a fulfillment of a constitutional obligation but also a necessary act to safeguard the social rights of public sector employees,” the letter states.
Full Letter from KLI:
From: Ehat Miftaraj, Executive Director – Kosovo Law Institute (KLI)
To: Members of the Assembly of the Republic of Kosovo
Date: May 7, 2025
Dear Member of the Assembly,
On February 5, 2023, Law 08/L-196 on Public Sector Salaries entered into force, reducing the experience increment from 0.5% to 0.25% per year of service. In Constitutional Court Decision KO79/23, the Court ruled that this reduction was contrary to the Constitution and the European Convention on Human Rights and ordered the Assembly to restore the increment to the minimum 0.5% level by August 1, 2024, effective from February 1, 2024. In the absence of legislative action, the Assembly disregarded a constitutional obligation with authority equal to the Constitution itself.
Beyond the constitutional violation and infringement of public officials’ rights, in the context of current socio-economic challenges, the reduction of the experience increment from 0.5% to 0.25% affected the lives of 90,696 public officials and their families.
Since the Government and the Assembly (8th Legislature) did not implement the Constitutional Court’s ruling, approximately 2,000 lawsuits were filed in a single day at the Basic Court in Pristina. This information was confirmed in the KLI-produced program Tempus, broadcast on Koha Vision on May 5, 2025, at 20:00. More details can be found here:
- May 5, 2025 – 2,000 lawsuits against the Assembly of Kosovo
- May 5, 2025 – Judiciary Overload with Cases | TEMPUS
In recent years, the judiciary has faced an exceptionally large number of cases stemming from collective agreements, mostly related to labor disputes. The Court prioritizes these cases according to a strategy issued by the Kosovo Judicial Council. However, all these cases impose high costs in terms of time and financial resources, directly impacting the Kosovo budget.
Regarding the non-implementation of the ruling on the Law on Public Sector Salaries, it is estimated that the Kosovo budget could incur €35,770,502 in procedural costs, not including legal interest or potential enforcement expenses.
KLI has consistently called on and advocated to the Assembly and the Government (8th Legislature) to adhere to procedures to fulfill this constitutional obligation, but unfortunately, there has been no response.
On this occasion, we call on you and all Members of the 9th Legislature to take the necessary actions for the immediate constitution of the Assembly of Kosovo. Once the Assembly is constituted, we urgently request the initiation of a legislative proposal to amend and supplement the Law on Public Sector Salaries in accordance with the requirements set forth in Constitutional Court Decision KO79/23.
A swift response by the Assembly is not only a fulfillment of a constitutional obligation but also a necessary act to safeguard the social rights of public sector employees. Through this initiative, you have the opportunity to demonstrate commitment to the rule of law and to maintaining a stable, motivated, and fair public administration.
Moreover, this initiative will significantly reduce unnecessary court disputes, relieve the judicial system of an additional burden, and prevent the loss of at least €35 million from the state budget due to enforcement proceedings.
Ehat Miftaraj
Executive Director
Kosovo Law Institute (KLI)